Part I Introduction, Ch.3 The Law and Politics of International Organizations

2016 ◽  
Author(s):  
Dunoff Jeffrey L
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
The Political ◽  
Law And Politics ◽  
Theoretical Approaches ◽  
Political Implications ◽  
Key Characteristics ◽  
The Creation ◽  
Institutional Fragmentation

This chapter describes the contours of the international law (IL) and international relations (IR) scholarship on international organizations (IOs), as well as some of its key characteristics and debates. It proceeds in three parts. Part I briefly surveys the major theoretical approaches to the creation and functions of IOs found in the IL and IR literature. Part II analyzes the most important conceptual debates that have occupied IO scholars in recent years, including debates over the autonomy, accountability, and legitimacy of IOs. Part III explores a cluster of policy dilemmas, including the political implications of institutional fragmentation, how to manage IO interactions, and why IOs increasingly seem unable to effectively address matters of pressing international concern.

scholarly journals The Sources of International Law Legitimacy

2018 ◽  
Vol 5 (2) ◽  
pp. 139-144
Author(s):  
E A Petrova
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Essential Feature ◽  
The Creation

The article is devoted to the question of where the international law legitimacy comes from. The author analyzes the consensual sovereign volition of international law subjects (states, nations, international organizations) as the main source of its legitimacy. The specificity of legitimacy depending on the type of international law norms is indicated. Types of international law legitimacy in the context of its sources are distinguished. Positions on the question of criteria of the legitimacy are given. The author points out the interrelationship between legitimacy of international and national law. It is concluded that legitimacy is an essential feature of international law, since the source of international law legitimacy is the same as the source of the creation and mandatory of its norms, namely, the consensual sovereign volition of the participants of international relations.

scholarly journals Extradition in the Light of Legal Solutions in the Republic of Kosovo - Experiences, Challenges

SEEU Review ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 56-71
Author(s):  
Arsim Thaçi ◽  
Ismail Zejneli
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
The Political ◽  
Political Actors ◽  
Legal Provisions ◽  
Long Time ◽  
Delayed System ◽  
The Republic

Abstract Beheld in terms of international law, its subjects such as states, governments or international organizations always communicate with each other based on the spirit of the provisions of the field of international law. In the framework of the breaches, respectively the deliberate violation of these provisions, is the case of the so-called "Gulenists", where all the links of the system under which the extradition matter is built upon, are exempted. Our country will keep this stain for a long time, while in the archives of justice it will be treated as a case that should not have happened, always based on the commitment to the strict implementation of the provisions of the field of international law that our state has always had. At least they should have been held accountable, even criminally; hence, such cases to have never been repeated in our country. The lack of criminal accountability of the actors-senior state officials directly implicated in this case has left scars in our system, which at that moment is widely considered as a delayed system, while at an instant the whole commitment in this direction is shaken. This stain could have been avoided post festum - even in the circumstances when it happened, that is, even in the situation when all the political actors had been implicated in this case. In this regard, whilst analyzing the provisions we can assume that despite the deficiencies and continuously looking at the volume of legal provisions of this law, yet, we can consider that our system in this area has advanced and has ongoing initiatives to improve this system to the extent that could meet the requirements in relation to the dynamics of social and international relations.

scholarly journals Revisitando os Eixos Fundamentais do Direito Internacional e das Relações Internacionais por meio do Realismo Clássico: Novas Epistemologias e Categorizações

2015 ◽  
Vol 10 (2) ◽  
Author(s):  
Thales Cavalcanti Castro
Keyword(s):  
International Relations ◽  
International Law ◽  
Theoretical Framework ◽  
University Of Pennsylvania ◽  
The Political ◽  
Political Realism ◽  
Indiana University ◽  
Theoretical Approaches ◽  
Classical Realism ◽  
Indiana University Of Pennsylvania

REVISITANDO OS EIXOS FUNDAMENTAIS DO DIREITO INTERNACIONAL E DAS RELAÇÕES INTERNACIONAIS POR MEIO DO REALISMO CLÁSSICO: NOVAS EPISTEMOLOGIAS E CATEGORIZAÇÕES REVISITING THE FUNDAMENTAL AXES OF THE INTERNATIONAL LAW AND THE INTERNATIONAL RELATIONS THROUGH CLASSICAL REALISM: NEW EPISTEMOLOGIES AND CATEGORIZATIONS Thales Cavalcanti Castro* RESUMO: O presente artigo visa a fornecer reflexões críticas e atualizadas sobre a intersecção teórica entre os eixos do Direito Internacional com o realismo político (maquiavélico-hobbesiano) presente nas epistemologias e práxis das Relações Internacionais contemporâneas. Trata-se de um debate interdisciplinar, cuja premissa maior é revelar as possibilidades de encontrar um caminho de síntese (Aufhebung hegeliano) entre ambas as molduras teóricas da visão deôntica do Direito Internacional com a perspectiva ôntica do realismo clássico presente nas Relações Internacionais. A obra clássica do Testamento Política do Cardeal Richelieu foi utilizada como moldura para reforço das reflexões do corte epistêmico realista clássico em Maquiavel. Foram aqui apresentadas linhas gerais para uma revisita histórica e conceitual do realismo político das Relações Internacionais com eixos de comunicabilidade com o Direito Internacional, gerando conclusões, à luz do clássico, O Princípe, de Maquiavel, como formas de aproximação da estrutura legal-normativa internacional mais porosa às dinâmicas da interação entre os povos atualmente. PALAVRAS-CHAVE: Fundamentos do Direito Internacional. Realismo Político. Filosofia Política Internacionalista. Interdisciplinaridade. Teoria das Relações Internacionais. ABSTRACT: This article has the purpose to provide critical and updated analysis on the theoretical intersection of the pillars of international law with political realism (within the Machiavellian-Hobbesian perspective) present in current epistemology and practices of contemporary international relations. It is an interdisciplinary debate presented here, whose major premise is to reveal the possibilities of finding a way of synthesis (Hegelian Aufhebung) from both theoretical framework of the deontic view of international law with the ontic perspective of classical realism present in International Relations. The classical opus Political Testament of Cardinal Richelieu was used herein as a theoretical framework to reinforce the epistemological breakthrough of classical realism in Machiavelli. This article moreover presented the guidelines for a historical and conceptual revisit of the political realism enshrined in International Relations theoretical approaches with communicability with international law, thus generating conclusions in the light of Machiavelli’s classic opus, The Prince, as a way of approach to an international legal-normative framework more porous to the dynamics of the peoples’ interaction today.  KEYWORDS: International law foundations. Political realism. Political philosophy of International Relations. Interdisciplinarity. International Relations Theory. *  Coordenador da graduação e pós-graduação em Relações Internacionais da FADIC (Faculdade Damas da Instrução Cristã). Doutor em Ciência Política pela Universidade Federal de Pernambuco (UFPE). Bacharel e Mestre em Relações Internacionais pela Indiana University of Pennsylvania, EUA. Assessor Internacional da Reitoria da UNICAP (Universidade Católica de Pernambuco).

Political processes in the post-Soviet space: new trends and old problems

2020 ◽  
Keyword(s):  
International Relations ◽  
International Organizations ◽  
Political Institutions ◽  
The Political ◽  
Political Systems ◽  
South Caucasus ◽  
Political Processes ◽  
Political Forces ◽  
Soviet Space ◽  
Post Soviet Space

The authors of the book analyze domestic political processes and international relations in the post-Soviet space. They examine the balance of political forces in Belarus after the presidential elections in August 2020, and transformations of political systems in Ukraine and Moldova. The main features of formation of the political institutions in the countries of South Caucasus and Central Asia and the latest trends in their devel-opment are analyzed. Attention is paid to the Karabakh and Donbass conflicts. The book examines the policy of major non-regional actors (USA, EU, China, Turkey) in the post-Soviet space. The results of develop-ment of the EAEU have been summed up. The role in the political processes in the post-Soviet space of a number of international organizations and associations (the CIS, the Union State of Russia and Belarus, the CSTO etc.) is revealed.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

Conceptualizing IO Emergency Powers

2019 ◽  
pp. 23-48
Author(s):  
Christian Kreuder-Sonnen
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Political ◽  
Principal Agent ◽  
Member States ◽  
Political Autonomy ◽  
Emergency Powers ◽  
Power Differentials ◽  
Executive Discretion ◽  
The Common

This chapter introduces a constitutional perspective on international organizations (IOs) that foregrounds the legally constituted relationship between authority-holders and authority-addressees. Distinct from the common principal–agent perspective, it paves the way for understanding IOs’ crisis-induced authority-leaps as an assumption of emergency powers—an act defined as the constitutionally deviant widening of executive discretion at the expense of the political autonomy of the rule-addressees that is justified by exceptional necessity. The chapter taxonomizes the possible institutional embodiments of IO exceptionalism according to its constitution, reach, and intrusiveness and highlights its phenomenological differences with respect to domestic exceptionalism. Given the structural conditions of the international spheres of authority in which IO exceptionalism operates, it is expected to rely on the acquiescence of the most powerful member states, to be stratified in scope and application according to states’ power differentials, and to instrumentalize rather than openly suspend norms of international law.

14. Enforcement

2020 ◽  
pp. 294-310
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Armed Force ◽  
Typical Form

This chapter analyses the enforcement of international law by States acting individually, that is, decentralized enforcement, including by their courts, as well as through retortion or countermeasures (once called reprisals). This is the typical form of enforcement under traditional international law. At the same time, enforcement might take place through measures taken by States acting collectively, that is, through mechanisms that include resort to collective measures, such as those adopted at the UN level (or within other international organizations), which can lead to collective sanctions. The first form of enforcement looks at the traditional law governing retortion and reprisals or countermeasures (as they are now called), as well as at the post-1945 law, taking into account that the ban on the use of armed force in international relations imposes that all enforcement measures taken by States individually must be peaceful. The second form examines the issue of collective sanctions, such as those taken at UN level.

Climate Change and Order: Mapping the Scope of International Relations in Studying Climate Politics

2020 ◽  
Vol 57 (4) ◽  
pp. 361-374
Author(s):  
Isha Sharma
Keyword(s):  
Climate Change ◽  
International Relations ◽  
Social Relations ◽  
Political Order ◽  
The Political ◽  
Political Dimension ◽  
Climate Politics ◽  
Environmental Threats ◽  
Political Implications ◽  
Robert Cox

As globalization gained currency in international politics, multilateral negotiations increasingly expanded their scope to include environmental issues. Still, the political dimension of environmental change remains underrepresented in international relations (IR) theorization. This article aims to focus on the theoretical fortification in the mainstream IR when it comes to transboundary environmental threats. Since the threats of climate change and environmental degradation cannot be contained within the sovereign territories of states, the state-centric conception of the political order in the conventional approaches to IR fails to respond to the threats that are planetary in nature. The article seeks to answer two questions: (a) What are the inadequacies in the realist and liberal concepts of political order vis-à-vis climate change? (b) How to destabilize the conventional assumptions of political order with the aim of making it more receptive to the concerns associated with climate change? To do the latter, the article delves into the work of Robert Cox in order to delineate his intersubjective approach, which combines the material basis of political order with social relations of production. By doing so, this approach also sheds light on the transnational variants of hegemonic power, making it a useful explanatory framework for political implications of climate change.

International Organizations and the Creation of Customary International Law

2020 ◽  
Vol 31 (1) ◽  
pp. 201-233
Author(s):  
Kristina Daugirdas
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Direct Role ◽  
Customary International Law ◽  
Legal Personality ◽  
Legal Questions ◽  
International Legal System ◽  
The Creation ◽  
International Legal Personality

Abstract This article argues that international organizations ‘as such’ can contribute directly to the creation of customary international law for three independent reasons. First, the states establishing an international organization may subjectively intend for that organization to be able to contribute to the creation of at least some kinds of customary international law. Second, that capacity may be an implied power of the organization. Third, that capacity may be a byproduct of other features or authorities of the international organization – specifically, the combination of international legal personality and the capacity to operate on the international plane. Affirming international organizations’ direct role in making customary international law will not dramatically change the content of customary international law or the processes by which rules of customary international law are ascertained. But recognizing that role is significant because it will reinforce other conclusions about how international organizations fit into the international legal system, including that customary international law binds international organizations. Such recognition may also shift the way lawyers within international organizations carry out their work by affecting the sources they consult when answering legal questions, the materials they make publicly available and the kinds of expertise that are understood to be necessary to discharge their responsibilities. Finally, affirming international organizations’ role in creating customary international law may make international organizations more willing to comply with those rules.

Universal International Law

1993 ◽  
Vol 87 (4) ◽  
pp. 529-551 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Diplomatic Relations ◽  
State Behavior ◽  
Legal Principles ◽  
Bilateral Relations ◽  
Uniform State ◽  
The Common ◽  
Multilateral Treaties

In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.

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